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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3404/2018
BETWEEN:
THIPPESWAMY
S/O RANGAPPA
AGED ABOUT 35 YEARS
RESIDING AT SHYLAPURA VILLAGE
PAVAGADA TALUK
TUMAKURU DISTRICT-561 202 … PETITIONER
(BY SMT Y.RADHA FOR
SRI L.HARISH KUMAR, ADVOCATES)
AND:
STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001
THROUGH ARASIKERE POLICE STATION
PAVAGADA TALUK-561 202 … RESPONDENT
(BY SRI S.VISHWA MURTHY, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CRIME NO.47/2018 OF ARASIKERE POLICE STATION,
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TUMAKURU DISTRICT FOR THE OFFENCES P/U/Ss.323, 324,
341, 504, 506, 498A R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
This petition is filed under section 438 of Cr.P.C., seeking
anticipatory bail in Crime No.47/2018 registered for the offences
punishable under sections 323, 324, 341, 504, 506, 498A read
with Section 34 of IPC.
2. Heard the learned counsel for the petitioner and the
learned HCGP. Learned HCGP has not filed any statement of
objections, but has orally opposed the petition.
3. The FIR is registered based on the complaint lodged
by the wife of the petitioner alleging that, she married the
petitioner about 12 years back and she was holding a site in her
name. The petitioner and her in-laws namely., accused Nos.2 to
4, were pestering and harassing her to sell the said property.
Since the Complainant was not inclined to sell the said property,
she has been repeatedly subjected to ill-treatment and
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harassment by the petitioners. It is alleged that on 27.3.2018,
once again, the petitioner and his family members picked-up
quarrel with the Complainant and the petitioner caught hold of
her plait, assaulted her with a club and caused grievous injuries.
4. The Wound Certificate made available by the learned
HCGP indicates that during the occurrence, the Complainant has
suffered pain and tenderness over the lower 2/3 of the left
forearm. The said injury is certified as ‘simple in nature’. There
is nothing on record to indicate that the Complainant has
suffered grievous injuries. Moreover, the entire incident has
taken place in the matrimonial context.
5. Hence, the following order:-
Criminal petition is allowed. The petitioner is directed to
appear before the Investigating Officer within 15 days from the
date of this order and on his appearance, the Investigating
Officer shall interrogate the petitioner and shall enlarge him on
bail on the same day subject to the following conditions:-
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a) The petitioner shall furnish a bond for
Rs.1,00,000/- lakh (Rupees One lakh only) with
two sureties for the likesum to the satisfaction
of the Investigating Officer;
b) The petitioner shall appear before the
Investigating Officer as and when required;
c) The petitioner shall co-operate in the
investigation;
d) The petitioner shall not get involved in similar
offences; and
e) The petitioner shall not threaten or allure the
prosecution witnessesSd/-
JUDGE
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